Newsweek reported Monday that the Supreme Court declined to hear an appeal of the 9th U.S. Circuit Court of Appeals’ decision declaring that three students’ constitutional rights were not violated when they were sent home from school on Cinco de Mayo for wearing clothing bearing the American flag.

“In the case of Monday’s decision, the circuit court found that [Live Oak High School Assistant Principal Miguel] Rodriguez reasonably believed the students’ American flag clothing put them at risk of violence, whereas students wearing Mexican flag clothing were not at similar risk.”

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